made in para 13(b) of plaint is hit by provisions of Benami Transactions (Prohibition) Act, 1988 ?
2. Whether defendant 2(e) proves that provisions ... gist of the above citations is whenever a question of benami transaction is raised, the Court has to normally see defence of pari delicto
interest over the same.
11. Though there is no plea of benami nature of transaction and no defence is set up therein that such ... plea cannot be countenanced in view of the Benami Transactions (Prohibition) Act, 1988 (for short called "the 1988 Act"), a faint attempt
second and third appellants were only ostensive, but they hold the land benami for the first appellant.
The fact that Parasappa the deceased father ... portions of Sy.Nos. 114 and 115. The purchases are not only benami but also to defeat the provisions of the Act. Hence the impugned
Management have not considered the effect of the provisions of the Benami Transactions (Prohibition) Act, 1988 and the Judgment of the Hon'ble Supreme ... horse owned by his brother Sri Venilal Ambaram by virtue of the Benami Transactions (Prohibition) Act, 1988 (for short 'the Benami Prohibition
without any legal evidence. It is for the prosecution to prove
the benami nature of holding, if the money has flown from
the accused ... prosecution to prove the alleged benami transactions.
13. For the above proposition of law, the learned
Counsel for the appellant further placed reliance
standing in the name of the deceased 2nd defendant, was a benami transaction and in reality is was intended for the joint family ... When the matter came up for hearing as the provisions of the Benami Transaction (Prohibition) Act, 1988 , had come into force, the learned judge
mischief of the provisions of section 4(2) of the Benami Transaction (Prohibition) Act, 1988.
9. The points for consideration in this appeal ... What is the impact of the provisions of section 4 of the Benami Transactions (Prohibition) Act, 1988, with reference to the suit claim
suit schedule property
purchased by Plaintiff No.1 benami in the name
the Defendant No.1. Purchasing a property by
the family in the name ... family
is protected under section 4(3)(a) of the
Benami Transaction joint Act and it is not
uncommon in a Hindu Joint family purchasing
appellant that the burden of proving that a particular sale
is benami and the apparent purchaser is not the real
owner, always rests ... definite character which would either
directly prove the fact of benami or establish
circumstances unerringly or reasonably raising an
inference of that fact
However, the aforesaid judgments are also of an
era when benami as a plea was permitted in the
Indian Courts. The Benami Transactions
(Prohibition ... action to
enforce any right in respect of any property held
benami against the person in whose name the
property is held or against
